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Status of visitor visa after withdrawn refugee claim in canada

forevermore76

Hero Member
May 19, 2024
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You will need to apply for ARC first since you are inadmissible. I cant give you any chances whether you will get it or not
It's not clear if a removal order (the type is unclear too) was enforced as OP withdrew the claim and voluntarily left Canada. They might very well qualify for normal processing. That said, chances of approval is probably slim to none but who knows.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada/eligibility.html
 
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canuck78

VIP Member
Jun 18, 2017
55,361
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People need to understand the significant longterm implications of filing for asylum whether approved, denied or filed and withdrawn. Many seem to be filing not realizing the potential longterm consequences for them and their family.
 

Ali977

Member
Jul 22, 2024
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A person may want to apply for refugee status in another country when their life is at risk. So why are immigration officers afraid of that? Is that not a human right?
 

canuck78

VIP Member
Jun 18, 2017
55,361
13,444
A person may want to apply for refugee status in another country when their life is at risk. So why are immigration officers afraid of that? Is that not a human right?
Once you entered many countries you have the right to claim asylum but countries don’t welcome people applying for visas/permits under false pretences. The fact that you attempted to claim asylum means there is a much higher risk that you may not return home after a visit or temporary permit. Nobody can predict how difficult it may be for you to get visas/permits and for how long and which countries may be especially difficult to enter but assume that countries that share immigration information with Canada will likely be difficult to enter for some time.
 
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Simba112

VIP Member
Mar 25, 2021
4,478
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It's not clear if a removal order (the type is unclear too) was enforced as OP withdrew the claim and voluntarily left Canada. They might very well qualify for normal processing. That said, chances of approval is probably slim to none but who knows.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/authorization-return-canada/eligibility.html
There is similarity in legal opinion on this statement below, that summarize Deportation order becomes automatically... Operational of this guideline is left on officers discretion

this is from the link you provided, GC(IRCC)
If a departure order is not enforced within 30 days of the day the order becomes enforceable, the departure order automatically becomes a deportation order.

This from one of the Immigration Law firm blog

When refugee claimants initiate a claim for protection they are issued a Departure Order and pursuant to section 49(2)(d) of the Immigration and Refugee Protection Act, (IRPA) this order will automatically become a deportation order 15 days after a claim is withdrawn if the claimant has not left the country. This occurs without any further notice to claimants by what is referred to as “by operation of law”. Unfortunately, many individuals find themselves in this position as they do not realize the clock is ticking. In fact, many claimants in my experience believe they are abiding by all requirements including those that are diligently complying with their conditions to report to the Canada Border Services Agency (CBSA).

To this extent and in fairness to claimants, the “Departure Order” issued does not explicitly set out the requirement to leave Canada within 15 days of withdrawal of a refugee claim. Rather, the Order reads:

This order will be deemed to be a deportation order where no certificate of departure is issued within the applicable time period specified in the immigration regulations.



So, despite a claimant leaving soon after withdrawing, but not within 15 days, a deportation order is made and the claimant is inadmissible to Canada. These individuals will require an Authority to Return to Canada (ARC) in order to re-enter Canada, as per section 52(1) of the IRPA and section 226 of the Immigration and Refugee Protection Regulations (IRPR).
 
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Simba112

VIP Member
Mar 25, 2021
4,478
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So if you left Canada within 30 days of departure order being enforced and obtained IMM0056B, you don't need to apply for ARC.
you need to read CBSA Officers Guideline when dealing with Withdrawing Refugee Claim and the Consequences.... There is more to it, poster need ARC to come back to Canada
 

Simba112

VIP Member
Mar 25, 2021
4,478
1,662
A person may want to apply for refugee status in another country when their life is at risk. So why are immigration officers afraid of that? Is that not a human right?
You could also apply neighboring countries too. Each Countries have their intake program for refugees, and most are avoiding Economic Migration under pretext of refugee claimant